Source: All England Reporter
Publisher Citation: [2003] All ER (D) 33 (Mar)
Neutral Citation: [2003] EWCA Civ 289
Court: Court of Appeal, Civil Division
Judge:

Aldous, Chadwick LJJ and Munby J
Representation David Chivers QC (instructed by Stephenson Harwood) for the claimant.
  Clare Hoffmann (instructed by Steptoe & Johnson Rakisons) for the defendants.
Judgment Dates: 5 March 2003

Catchwords

Companies - Insolvency - Fraudulent trading - Single creditor defrauded in single transaction - Requirements for satisfying statutory test of intent to defraud creditors - s 213.

The Case

When a court was faced with an application under s213 of the it was important to bear in mind the pre-condition in that section, which was that it should appear to the court 'that any business of the company had been carried on with intent to defraud creditors of the company'. Section213 of the Act was not engaged in every case where an individual creditor was defrauded; he had his individual remedy under the general law. The section was engaged only where the business of the company had been carried on with intent to defraud.

Practice Areas

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